By Cuellar of Webb                                    H.B. No. 1513
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to investigations of criminal conduct in connection with
    1-3  an election under the Election Code.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 273.001, Election Code is amended to read
    1-6  as follows:
    1-7        <(a)  If two or more registered voters of the territory
    1-8  covered by an election present affidavits alleging criminal conduct
    1-9  in connection with the election to the county or district attorney
   1-10  having jurisdiction in that territory, the county or district
   1-11  attorney shall investigate the allegations.  If the election covers
   1-12  territory in more than one county, the voters may present the
   1-13  affidavits to the attorney general, and the attorney general shall
   1-14  investigate the allegations.>
   1-15        <(b)>  A district attorney, criminal district attorney,
   1-16  county attorney with felony responsibilities, or county attorney
   1-17  having jurisdiciton or the attorney general may conduct an
   1-18  investigation on the officer's own initiative to determine if
   1-19  criminal conduct has occurred in connection with an election.
   1-20        <(c)  On receipt of an affidavit under Section 15.028, the
   1-21  county or district attorney having jurisdiction and, if applicable,
   1-22  the attorney general shall investigate the matter.>
   1-23        <(d)  On referral of a complaint from the secretary of state
    2-1  under Section 31.006, the attorney general may investigate the
    2-2  allegations.>
    2-3        SECTION 2.  Section 273.021, Election Code, is amended by
    2-4  amending Subsection (a) and adding Subsection (d) to read as
    2-5  follows:
    2-6        (a)  The attorney general may prosecute a criminal offense
    2-7  proscribed <prescribed> by the election laws of this state, if
    2-8  asked to do so by the district attorney, criminal district
    2-9  attorney, county attorney with felony responsibilities, or county
   2-10  attorney, whichever is applicable.
   2-11        (d)  The district attorney, criminal district attorney,
   2-12  county attorney with felony responsibilities, or county attorney,
   2-13  whichever is applicable, shall ask the attorney general to
   2-14  prosecute a criminal offense proscribed by the elections laws of
   2-15  this state in an instance in which the official duties of the
   2-16  officer being prosecuted include determining or setting the budget
   2-17  for that prosecutor's office and appropriating the moneys therefor.
   2-18        SECTION 3.  SEVERABILITY.  If any section, sentence, clause,
   2-19  or part of this Act shall, for any reason, be held invalid, such
   2-20  invalidity shall not affect the remaining portions of the Act, and
   2-21  it is hereby declared to be the intention of this legislature to
   2-22  have passed each section, sentence, clause, or part irrespective of
   2-23  the fact that any other section, sentence, clause, or part may be
   2-24  declared invalid.
   2-25        SECTION 4.  CRIMINAL OFFENSE OR VIOLATION.  (a)  The changes
    3-1  in law made by this Act apply only to a criminal offense committed
    3-2  or a violation that occurs on or after the effective date of this
    3-3  Act.  For the purposes of this Act, a criminal offense is committed
    3-4  or a violation occurs before the effective date of this Act if any
    3-5  element of the offense or violation occurs before that date.
    3-6        (b)  A criminal offense committed or violation that occurs
    3-7  before the effective date of this Act is covered by the law in
    3-8  effect when the criminal offense was committed or the violation
    3-9  occurred, and the former law is continued in effect for this
   3-10  purpose.
   3-11        SECTION 5.  EFFECTIVE DATE.  This Act takes effect on
   3-12  September 1, 1995.
   3-13        SECTION 6.  EMERGENCY.  The importance of this legislation
   3-14  and the crowded condition of the calendars in both houses create an
   3-15  emergency and an imperative public necessity  that the
   3-16  constitutional rule requiring bills to be read on three several
   3-17  days in each house be suspended, and this rule is hereby suspended,
   3-18  and that this Act take effect and be in force from and after its
   3-19  passage, and it is so enacted.